S.K. Industries Pvt. Ltd. v. ACIT Circle 22(2)

1. The petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The same has been heard by way of video conferencing.

2. Present writ petition has been filed seeking amendment of the order dated 06th March, 2009 passed under Section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) for the assessment year 2007-2008 which has led to an additional demand of Rs.63,17,810/-.

3. It is the case of the petitioner that the respondent did not give credit of prepaid taxes amounting to Rs.49,92,312/- while passing the order under Section 143(1) of the Act. 2020:DHC:2779-DB W.P. (C) 6488/2020

4. Though learned counsel for petitioner states that while passing an order under Section 143(3) of the Act, respondent allowed the credit for prepaid taxes amounting to Rs.49,92,312/-, yet the respondent did not amend the order under Section 143(1) of the Act by giving credit of prepaid taxes amounting to Rs.49,92,312/- as well as by deleting the interest charged on the said amount under Section 234B of the Act.

5. Issue notice.

6. Mr.Kunal Sharma, Advocate accepts notice on behalf of the respondent.

7. After some arguments, it transpires that the petitioner’s rectification applications dated 10th November, 2015 and 06th May, 2019 under Section 154 of the Act on the same issue are pending adjudication before the respondent.

8. Consequently, the present writ petition is disposed of with a direction to the respondent to decide the aforesaid rectification applications within four weeks by way of a reasoned order in accordance with law. All the rights and contentions of the parties are left open.

9. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail. MANMOHAN, J SANJEEV NARULA, J SEPTEMBER 16, 2020 KA